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HomeMy WebLinkAbout051213 December 13 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – DECEMBER 6, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of November 6, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he attended the Home Builders Association Christmas party and the Greater Hagerstown Committee Education Task Force meeting. He stated that he attended the Board of Zoning Appeals hearing on the variance requested by the Washington County Hospital and commended the members for their thorough review of the issues. Commissioner Kercheval reported that he met with the developers who are proposing to build a development on the Artz farm regarding school capacity issues. Commissioner Wivell reported on the meetings of the Water Quality Advisory Commission and PenMar Development Corporation Board of Directors. He stated that time should be scheduled on the agenda to discuss financing of the North Hagerstown High School stadium project since there has been no decision made regarding County financing. Commissioner Munson stated that it is illegal for “Local Government” license plates to be on vehicles that are not owned by local governments. Commissioner Nipps reported on meetings of the Community Action Council Board and Historic District Commission. Commissioner Snook stated that the latest home trends show that there were $31 million in home sales in Washington County the last two weeks in November. He informed the Commissioners that the Street Acceptance Committee met and accepted two streets into the County system. Commissioner Snook noted that he received a letter from the Town of Funkstown informing the County that they had accepted the National Incident Management System (NIMS) standards. He stated that the Hopewell Road Sewer Interconnector project is on schedule. Commissioner Snook indicated that there are provisions that allow counties to adopt a hardship policy with regard to the Bay Restoration Fund and asked that time be scheduled to discuss this matter after the holidays. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the Central Booking project is progressing nicely and a proposal should be issued for the design work in the near future. He stated that he attended a meeting with State Highway Administration and City of Hagerstown representatives regarding the improvement of the intersection of Edgewood Drive and Route 40 and indicated that they hope the project will go to bid in the spring of 2007. Mr. Rohrer informed the Commissioners that he met with Water Quality Department staff to discuss the feasibility of providing water and sewer service to the Conococheague Elementary School. He stated that Ed Plank, Western Section Supervisor, has been named interim director for the Highway Department while Mr. Wolford is on vacation. Carolyn Motz, Airport Manager, and Greg Larsen, Business Development Manager for the Hagerstown Regional Airport, met with the Commissioners to provide an update on the Essential Air Service. Mr. Larsen stated that he recently attended a trade show and spoke to several legacy and regional carriers about the runway extension project that will permit larger aircraft to use the Airport. DECEMBER 13, 2005 PAGE TWO John Latimer, Director of Emergency Services, provided information regarding a fatal fire that occurred in Keedysville over the weekend. Mr. Latimer indicated that personnel affected by the tragedy are eligible to receive counseling through the County’s Employee Assistance Program. AUTHORIZATION TO HIRE SENIOR PLANT OPERATOR – WATER QUALITY DEPARTMENT Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill the vacant Senior Plant Operator position in the Water Quality Department. Unanimously approved. APPROVAL OF PUPIL GENERATION RATES FORMULA FOR DETERMINATION OF SCHOOL ADEQUACY – ADEQUATE PUBLIC FACILITIES ORDINANCE Michael Thompson, Director of Planning; William Blum, Chief Operating Officer for the Board of Education; and Monika Jenkins, Board of Education Planner, met with the Commissioners to request their approval of pupil generation rates to be utilized in determining school adequacy under the Adequate Public Facilities Ordinance (APFO). Mr. Thomson stated that the Section 5.5(d) of the APFO requires that pupil generation rates be adopted to “reflect the characteristics of the school attendance area within which the proposed development is located.” Ms. Jenkins reviewed the following pupil generation rates being proposed: Average Student Yield for Projected Enrollment Elementary Middle High Total Single Family .36 .18 .22 .77 Town Homes .24 .06 .07 .37 Multi-Family .13 .057 .066 .253 Staff is also recommending that the pupil generation rates be reviewed by the Board on an annual basis for approval following th the reporting of the September 30 enrollment figures to the State. Commissioner Kercheval asked that the numbers for multi- family developments be rounded to .06 for middle and .07 for high schools to make them consistent with the other categories and to correct the total for single family to .76. The Commissioners discussed the recommendation and agreed to approve the revised numbers. Motion made by Commissioner Munson, seconded by Kercheval, to approve the recommendation for the revised pupil generation rates to be utilized in determining school adequacy under the APFO, as presented by staff, which are to be reviewed and approved on an annual basis by the Board following the reporting of the September 30 enrollment figures to the State. Unanimously approved. CITY OF HAGERSTOWN ANNEXATION REQUEST – A05-08 (BOWERS) Michael Thompson, Director of Planning, met with the Commissioners to review a request from the City of Hagerstown for annexation. Mr. Thompson stated that Case No. A05-08 is on for a property consisting of 5,595 square feet that is located at 304 Woodpoint Avenue contiguous with the City of Hagerstown. He explained that the applicant is proposing to develop the property with a single-family detached dwelling and is requesting R-1 zoning upon annexation. The property is currently zoned Residential Urban (RU), which is consistent with the proposed zoning designation. Mr. Thompson indicated that the Maryland Code states that a municipality may not place a property into a zoning classification that permits a land use substantially different from the use permitted under the adopted County Comprehensive Plan unless the Board grants its “express approval.” If the approval is not granted, development of the land inconsistent with the Comprehensive Plan would not be permitted for a period of five years following the annexation. Mr. Thompson stated that the process has been changed to allow time for input from the Planning Commission. Motion made by Commissioner Wivell, seconded by Nipps, to approve the requested residential zoning of R-1 as proposed for City of Hagerstown Annexation Case No. A05-08. Unanimously approved. DECEMBER 13, 2005 PAGE THREE (Commissioner Kercheval was excused from the meeting at this time.) CITY OF HAGERSTOWN ANNEXATION REQUEST – AP05-09 (CLEMMER) Mr. Thompson informed the Commissioners that a property owned by Andrew and Pamela Clemmer, located near Pangborn Boulevard, near the intersection with Security Road, has been submitted to the Hagerstown Mayor and City Council for annexation. He stated that the property is a single lot consisting of 6,502 square feet. The applicant proposes to develop the property with a duplex dwelling upon annexation. Mr. Thompson indicated that the applicant is requesting R-1 zoning upon annexation, which is consistent with the existing RU (Residential Urban) County zoning designation. The proposed zoning is also consistent with the Low Density Residential designation in the 2002 adopted Comprehensive Plan. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Wivell, to approve the requested residential zoning of R-1 as proposed for City of Hagerstown Annexation Case No. A05-09. Motion carried with Commissioners Nipps, Wivell, and Snook voting “AYE” and Commissioner Munson “ABSTAINING.” (At this time Commissioner Snook recused himself from the discussion and was excused from the meeting, and Commissioner Wivell assumed the Chair. Commissioner Kercheval returned to the meeting at this time.) CITY OF HAGERSTOWN ANNEXATION REQUEST – AP05-07 (SNOOK) Mr. Thompson presented the annexation request for the Todd Snook property. He stated that it has been revised since it was presented to the Commissioners in October. Mr. Thompson explained that the applicant has made a request to the City for annexation of 66.67 acres of land west of I-81 (44.64 acres R2 and 22.03 acres C2) and is contiguous to the City at the north end in the vicinity of US 40 West. The first area between US 40 and MD 144 is proposed for R-1 residential, which is consistent with the current RS (Residential Suburban) designation. This change is acceptable to staff and is consistent with the 2002 Comprehensive Plan. The second area to the south of MD 144 is designated in the Comprehensive Plan for Industrial Flex and is currently zoned HI-1 (Highway Interchange). The applicant has requested that this area be zoned a combination of R-2 residential and C2 (General Commercial). This aspect is not consistent with the adopted plan and an “express approval” would be required from the Board or the applicant would have to wait for a period of five years to develop the property, unless it was developed consistent with the County Plan. Mr. Thompson outlined the applicant’s proposal to develop approximately 32 acres as residential south of 144, with the stipulation that the northern-most property be developed with single-family detaches homes fronting onto MD 144. The applicant has modified the request to limit the permitted uses for the acreage south of MD 144 that is being requested for C-2 zoning. Mr. Thompson stated that staff feels that the limited uses in the C-2 zoning request are consistent; however, they are concerned with contractually limiting the uses within a specific development. Staff is of the opinion that residential zoning request of R-2 south of MD 144 is inconsistent with the Comprehensive Plan. The Planning Commission voted on December 5, 2005 to approve a recommendation to the Commissioners that the request be found to be consistent with the Comprehensive Plan for the area north of MD 144, but the request is inconsistent with the Plan for the area south of MD 144 and “express approval” should not be granted. The Commissioners discussed the recommendations and asked if they could make separate decisions on the three zoning classifications requested by the applicant. Richard Douglas, County Attorney, advised them this could be done with the applicant’s consent. Jason Divelbiss, counsel for the applicant, gave consent for the Commissioners to vote on the three separate zoning classifications requested. Rodney Shoop, County Administrator, asked if the County could request the donation of a sewer easement as a condition of the approval. Mr. Douglas indicated that the County does not have authorization to place conditions on annexation requests. DECEMBER 13, 2005 PAGE FOUR Motion made by Commissioner Kercheval, seconded by Munson, to support the staff’s findings that the property north of Route 144, which is requested for R-1 City zoning, is consistent with the Comprehensive Plan (AP05-07). Unanimously approved. Motion made by Commissioner Kercheval, seconded by Munson, to concur with the Planning staff and Economic Development Commission’s finding that the 34 acres located south of Rt. 144, which is requested for City R-2 zoning, is not consistent with the County’s Comprehensive Plan and to deny their express approval for this zoning in annexation request AP05-07. Unanimously approved. Motion made by Commissioner Kercheval, seconded by Nipps, to concur with staff findings that the 22.03 acre parcel south of Rt. 144 requesting City C-2 zoning with limited uses, as proposed by the applicant, is inconsistent with the County Comprehensive Plan and not to grant express approval at this time. Unanimously approved. (Commissioner Snook returned to the meeting and assumed the Chair.) CITIZENS’ PARTICIPATION There was no one who wished to participate at this time. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that employees donated $719 in cash for the Casual Day to benefit Toys for Tots. He stated that the next County Commissioners meeting after the December 20 meeting would be January 10, 2006. CHANGE ORDER – AIRPORT TERMINAL AND APRON MODIFICATIONS Motion made by Commissioner Kercheval, seconded by Munson, to approve a change order submitted by P & W Excavating, Inc. for a decrease in the Terminal Apron Modification contract of $34,838. Unanimously approved. BID AWARD – PURCHASE OR LEASE AND SUPPLYING OF GOLF CARTS Karen Luther, Purchasing Agent, and Darrell Whittington, Director of Golf, met with the Commissioners to review the bids for purchase or lease and supplying of golf carts for Black Rock Golf Course. Ms. Luther reviewed the bids for lease and for purchase of the carts. She stated that the option to lease the carts would be approximately $9,000 less per year that what they have paid during the last six years. The Commissioners discussed the advantages and disadvantages of each option. Commissioner Wivell stated that he feels we need to consider the residual value of the carts at the end of the term under the purchase option, and would like additional information prior to voting on the issue. Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for the lease of golf carts for Black Rock Golf Course to E-Z-GO for Option No. 1 (6-year lease) for a total amount of $55,693.44 per year for a total six-year cost of $334,160.64, and subject to final approval of the lease documents by the County Attorney’s Office. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE,” Commissioner Munson voting “NO” and Commissioner Wivell “ABSTAINING.” STATE OF MARYLAND APPOINTMENTS FOR THE DIRECTOR OF FIRE AND EMERGENCY SERVICES Motion made by Commissioner Munson, seconded by Wivell, to send letters to the State that John A. Latimer, IV, has been named as the Emergency Program Manager for the Maryland Emergency Management Agency and designated as the Highest Emergency Medical Services Officer for the Maryland Institute of Emergency Medical Services System, to replace Joseph Kroboth, III. Unanimously approved. RECESS – LUNCH AND CHRISTMAS CAROLING The Commissioners recessed at 11:20 a.m. to join County employees in singing Christmas carols in front of the County Administration Building and for lunch. DECEMBER 13, 2005 PAGE FIVE AFTERNOON SESSION The afternoon session was called to order at 1:01 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James Kercheval, John Munson, and Doris Nipps. TH 250 ANNIVERSARY CELEBRATION OF HISTORIC FORT FREDERICK David Kuder, Ralph Young, Betsey Lillard, and Jane Hershey, th members of the Anniversary Committee for the 250 anniversary of Fort Frederick, met with the Commissioners to outline the events being planned for the celebration. Mr. Young stated that the th 250 anniversary celebrates the construction of historic Fort Frederick by the Colony of Maryland during the French and Indian War. The Friends of Fort Frederick State Park will be helping the National Park Service to celebrate as part of the National Commemoration of the French and Indian War. They stated that a capital campaign is underway to raise funds for the reconstruction of the “Governor’s House” and a celebration on Memorial Day weekend. Ms. Lillard outlined the activities planned for the anniversary weekend celebration, and Mr. Kuder provided a history of the Fort and its importance to the region. Mr. Kuder asked the Commissioners to consider contributing toward the funding of the celebration and provided a list of items and the cost to fund each of them. The Commissioners discussed the request and suggested that the group apply to be included on the list of non-profit organizations to which the Commissioners may contribute funds. The Commissioners thanked the Committee for the presentation and agreed to take the request under consideration. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 1:33 p.m. to consult with counsel to obtain legal advice and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10- 508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Wivell, seconded by Munson, to reconvene in open session at 2:32 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter and considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Debbie Murray, Director of Finance; and Greg Murray, Director of the Water Quality Department. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 2:32 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk